UNIVERSAL BUILDERS Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Mr.Arvind Sharma, Learned counsel for Mr.Arjun Rao, Learned counsel for the petitioner.

(2.) The petitioner, registered partnership firm has invoked the jurisdiction of this Court under Article 226 of the Constitution of India seeking a writ of certiorari for quashment of order dated 3.5.2019 passed by the Appellate Authority under the Karnataka Transparency in Public Procurements Act, 1999 (hereinafter referred to as 'the Act' for short). The petitioner also seeks quashment of proceeding dated 09.03.2018 of the Tender Scrutiny Committee as well as order dated 09.10.2017, by which contract in question was awarded to respondent No.2. The petitioner also seeks a writ of mandamus directing respondent No.1 to open the financial bid of the petitioner and URC construction company Ltd., forming part of bid dated 25.11.2017 and to consider the same.

(3.) Facts leading to filing of the writ petition in nut shell are that on 19.10.2017, the respondent No.1 issued a Notice Inviting Tender, project information memorandum and request for proposal for redevelopment and construction of existing BDA shopping complexes by demolishing and rehabilitation of existing tenants and development of land into a shopping mall cum commercial complex in six areas viz., HSR Layout, R.T.Nagar, Austin Town, Koramangala, Vijaynagar and Sadashivanagar in Bengaluru City (hereinafter referred to as 'the project' for short). The estimated cost of the project was Rs.330 Crores. As per Clause 2.1.2 of the Request for Proposal document, only those bidders who fulfill technical conditions/requirements were entitled to have their financial bids opened for consideration.